Death Penalty in America
We may all have our own opinions concerning the controversial topic about the death penalty and many different points can be made regarding different circumstances and morals. However, one topic that is quite clear is the constitutionality aspect of the death sentencing debate. The constitution has been interpreted in many different ways to answer various questions, and the death penalty system should be treated in the same respect. By analyzing the
Fourteenth and eighth amendments we can clearly see that the death penalty, being used in the United States under the rule of our constitution, is an obvious violation of both laws as well as a vicious hindrance on our freedom as American citizens.
How a system which determines the freedom of life of could imprison
Americans be implemented by people who also believe themselves that the system has flaws? In a 4-3 opinion, the state high court said that the 1994 law is flawed because a provision about how jurors should weigh death penalty arguments during sentencing. States should not be forced into following a rule especially when the Supreme Court also disagrees with the death penalty's aspects.
In Kansas, the state law encourages justices to find persons eligible for death sentencing when the judges find arguments for and against execution equal. The law should not encourage a death sentencing when the case hasn't even been heard yet, our freedom is hindered because in America, we are innocent until found guilty yet under some state laws, if the evidence weighs equally on both sides we are automatically guilty.
Court officials also agree that laws such as Kansas' law are a direct violation of the eighth and fourteenth amendments. The eighth amendment addresses, "cruel and unusual punishment." If a person murders another person, the murderer is sent to jail. Why? Their actions are titled cruel because a murderer had evil intentions to take another person's life away. However, if we are to put this person to death for the sole reason to promote justice for the family of the murdered person, then the act of execution is also cruel.
With the death sentencing in use, we promote a contradiction which tells Americans that it is not acceptable to kill another person under any circumstances yet, if they do, they will be executed under the law depending on the circumstances. Also, this amendment addresses unusual punishment, which is a perfect description of the death sentencing. Unusual in the sense that it is not common, because past cases have proven it is not easy to be given the death sentence. It is also unusual that the same country that promotes freedoms with every other amendment and that these freedoms cannot be denied to us, we ironically have another amendment that tells us our right to live is actually limited under law and that we may only live if we follow a certain path.
The fourteenth amendment addresses just that. We have certain guaranteed rights, due process and equal protection for U.S. citizens. Even though the death sentence exists, I do not feel any safer of knowing that I will not ever be murdered or have someone closer to me murdered. I also do not feel any comfort knowing that if someone is murdered that the death sentencing will serve any sort of justice. As Americans we are granted certain rights which should not be violated. The government does not have the right to take away our life because that would also be giving the government the authority to determine how valuable our life is. It is impossible for all Americans to be under equal protection of the law when the death penalty is such a subjective matter that is determined by different justices who rule different cases with countless scenarios. Justices can be biased or just have a bad day which seems like a weak argument but actually a devastating tragedy when we read in the news about someone being executed mistakenly for a crime they never even committed. With this law in use, the law is saying that a person's life is not valuable enough to keep them in jail when they perform an evil act because their life loses value when they commit a crime. I am not minimizing the terrible inhuman act of murder. A terrible crime should be punished under the law that takes away our freedom but not our right to life, most especially when it is not under equal terms for every American.
By antagonizing the Justices to an extraordinary extent, the lower courts are simply lending support to those on the High Court who believe that capital punishment procedures from the way capital jurors are selected to the way appeals courts review cases are teetering on the brink of unconstitutionality. A subject that is so uncertain when analyzed should be frozen temporarily until it becomes more solid or, even more favorably, taken away completely. This article was provided to you courtesy of http://www.managementthatworks.com
Criminal Defense: Public Defender Or Private Criminal Defense Attorney?
Charged with a crime but can't afford to hire a "real lawyer?" Afraid the "public pretender" will sell you out? Countless criminal defendants face this dilemma every day.
So pervasive is the distrust of public defenders that defendants routinely max out their credit cards, take out second mortgages, and empty their retirement funds just to hire a private criminal defense attorney. Should you do the same? It all depends on who you plan to hire.
Paying a private defense attorney is no guarantee of quality representation. Any warm body with a law degree can hang out a shingle and call himself a criminal defense attorney. In fact, many of those who can't get a job at the public defender do just that. Your private attorney could turn out to be a bottom feeder, with poor academic credentials and little or no criminal defense experience. With a private attorney, you get your choice of lawyers, but will you choose wisely?
Public defenders are criminal defense specialists. They practice criminal law every day, and gain experience quickly due to heavy caseloads and a sink or swim mentality. They are surrounded by colleagues and supervisors whom they can learn from and consult with. Private attorneys, by contrast, generally have no supervision or quality control. Moreover, to survive financially, many private attorneys have little choice but to accept any client that walks in the door. One day your attorney is an immigration lawyer; the next he's a divorce lawyer. For you, he's all about criminal defense. Lawyers who do a little bit of everything are usually not particularly good at anything.
Public defenders develop an intimate knowledge of the particular court in which they practice. While private attorneys practice in many different courts, public defenders generally stay in the same court all day every day. They know the judges. They know the prosecutors. They become courthouse insiders who are able to predict how the judges will rule in your case and who know exactly what to say to a prosecutor to get the best deal for you.
Finally, public defenders typically have extensive trial experience. More cases lead to more trials. In addition, unlike those who hire private counsel, it costs indigent defendants nothing to take their cases to trial. As a result, public defenders go to trial far more often than private criminal defense attorneys. That experience helps in plea negotiations and may be critical if your case actually goes to trial
Despite all the institutional advantages of the public defender, there remains a risk that your particular public defender will be what is not so affectionately known as a "dump truck." It is these lawyers who give public defenders a bad name. They may be overwhelmed by high caseloads, burnt out from too many years in the trenches, or perhaps they simply lack the make-up necessary for criminal defense work. Whatever the reason, these lawyers do little more than help prosecutors obtain guilty pleas. What's worse, it is almost impossible to fire your public defender and get a new one.
A private criminal defense attorney will almost always be able to devote more time to your case and give you more personal attention than a public defender can. In the end, however, it is the quality of the attorney rather the cost of the representation that matters. Almost without exception, the best private attorneys are former public defenders. There is simply no substitute for that training and experience. Before you spend money you don't have hiring a private attorney, consider giving the public defender a chance. Not only could you do a lot worse if you choose the wrong private attorney, but your public defender may well be a future star of the private criminal defense bar.
Legal Help: Iowa Bankruptcy Lawyer
In Iowa as well as in other states there are lawyers specialized in bankruptcy. Unfortunately bankruptcy is the only solution for many people. After struggling for months, maybe years and after trying all other less radical solutions of their debt problems, they have to throw in the towel and just accept the plain and brutal truth: I'm bankrupt. But this doesn't mean that life is over; not at all. And it is good to know that help is available out there.
Just as you would never operate on yourself, you also should never attempt to represent yourself in a court of law. There are a number of lawyers across Iowa who specialize in bankruptcy cases that can help you understand the legal process behind filing and what implications it will have on your life. Often these lawyers will counsel with you at first to look at options other than filing for financial relief with the courts. Sometimes there are better solutions that filing and these attorneys will do what it takes to make sure you know all the choices available to you.
In Iowa, there are certain laws which govern who may file for bankruptcy and under what circumstances. Lawyers who specialize in this field are constantly keeping up-to-date on the laws and how they relate to individual cases. Many times the law may change on a yearly basis and a skilled attorney will keep up on the changes so that they may bring expertise and value to their client both inside and outside the courtroom.
Never be afraid to ask your attorney if there are any other options available to you besides filing for financial relief. Many times they will know of counseling programs and special payment relief programs that are available to help you get through a tough financial time without having to declare yourself bankrupt. Remember, a filing and relief judgment from the court will remain on your credit report for 10 years and seriously impact your ability to borrow money or get credit during that time period.
Donald Harris is a writer and internet publisher who gives his readers Information about Bankruptcy Laws as well as legal info in general. Check out his bankruptcy news and in depth information website 1st-bankruptcy-lawyer.com .